Court: No alimony for mom who killed

A father whose son was killed at the hands of his ex-wife in a drunken rage does not have to pay alimony to her while she is in prison, a state appeals court ruled today.

However, a three-judge panel of the state Appellate Division found there is nothing in the law that says when a former spouse kills a child, the ex should be automatically disqualified for support payments.

In a 17-page decision, the judges invited the Legislature to change the law and said that in the case of Bergen County man Christopher Calbi he should at least be given a day in court to explain why his son's death should reduce the alimony he pays.

The judges wrote that when Linda Calbi's killed their son, Matthew, she also caused "grievous" emotional and psychological pain for her ex-husband. They also said they understand his resentment about paying support to her.

"The death of a child is the greatest tragedy a parent can endure - in part because it is shockingly out of the ordinary sequencing of time and of generations," wrote Judge Donald Collester.

Yet as dreadful as the death was, there are no facts "sufficient to deprive her of needed support," the judges wrote. The best they could offer was a day in court.

"We cannot mend the hole in Christopher's heart anymore than we can expiate Linda's guilt. However, what we can and must do is consider whether the impact of Matthew's death on Christopher resulted in an economic change of circumstances such that his ability to pay alimony was prevented or hindered," wrote Collester, who was joined by Judges Edwin Stern and Jack Sabatino.

Both Calbis argued the case on their own behalf. Linda Calbi is currently in state prison and could not be reached for comment. Christopher Calbi has no telephone listing and could not be reached.